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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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PERTANGGUNG JAWABAN PIDANA PEJABAT ADMINISTRASI NEGARA YANG TIDAK MEMPEROLEH KEUNTUNGAN DALAM TERJADINYA TINDAK PIDANA KORUPSI (Studi Kasus No.12/Pid.sus-TPK/2018/PN.PGP) Arief Budiman; Evi Deliana; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The rampant criminal acts of corruption in Indonesia are not only detrimental to Statefinances, but have been a violation of the social and economic rights of the community at large. corruptionis no longer a national problem, but has become a transnational phenomenon so that internationalcooperation becomes essential in preventing and eradicating it. unusual efforts are needed, butextraordinary efforts in the handling and eradication of criminal acts of corruption. One of the efforts thatcan avoid the deterioration of Indonesia due to corruption is to make efforts to seize and return to assetsresulting from criminal acts of corruption that are based on legislation in force in the Indonesian positivelegal system. However, many state administration officials were caught in corruption cases because theymisused the authorities that were in them. The limits of this authority should be more clearly formulated, sothat what kind of authority can be said to violate the authority in Administrative Law, and violation ofauthority as what is said to be a violation of the Corruption Crime authority. Based on this exaggeration,the author identifies two formulations of the problem, First What is the criminal responsibility of stateAdministration officials who do not benefit from the occurrence of criminal acts of corruption. Second, howis the judge's judgment in deciding the case of corruption.This type of research can be classified in normative juridical research, because this research isconducted by examining secondary data and approaches to law, this normative research examines theprinciples of legal principles of law. The data sources used are, primary data, secondary data, tertiary data,data collection techniques in this study are normative juridical, the data used is library research.Based on the results of the research and the problems in this study is the criminal responsibility forcases of corruption in the distribution of rotating funds LPDB-KUMKM which was decided by the panel ofjudges against the defendant in favor of the maharta in accordance with Article 3 of Law no. 31 of 1999concerning Corruption Crime jo Law no. 20 of 2001 concerning Amendments to Law Number 31 of 1999concerning Eradication of Corruption Crime, namely the existence of an element of abuse of authority fromthe perpetrators, in addition to the absence of forgiving reasons as justification. As for the judges'consideration in imposing criminal sanctions on perpetrators due to legal factors, the loss of state finances,to which the defendant committed corruption and the elements contained in the indictment of the publicprosecutor.Keywords: Corruption, Criminal Accountability
PERLINDUNGAN KONSUMEN TERHADAP PENYANDANG TUNA NETRA SEBAGAI PENGGUNA JASA PERBANKAN DI KOTA PEKANBARU (STUDI DI BANK RAKYAT INDONESIA UNIT BUKIT BARISAN) Sri Yani Yolanda; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Business actors in public services in the field of banking services, theBank Rakyat Indonesia (BRI) Unit Bukit Barisan Kota Pekanbaru in its servicehas the responsibility for the obligation to guarantee the rights of consumers orcustomers who use the BRI Bukit Barisan Unit in Pekanbaru. Bearing in mindthat Persons with Blindness are consumers who are vulnerable groups of people,then protection should be given more with regard to its specificity, namely in LawNumber 8 of 2016 concerning Persons with Disabilities. In its implementation, theBRI Bukit Barisan Unit in the City of Pekanbaru should carry out its obligationsin fulfilling consumer rights as stated in Law Number 8 of 1999 concerningConsumer Protection. But in reality there have been social inequalities betweenthe BRI Bukit Barisan Unit in the City of Pekanbaru and customers withDisabilities. BRI's Bukit Barisan Unit in Pekanbaru City does not provide specialfacilities and conveniences for the Blind Person as regulated. The problems andobjectives that will be discussed in this paper are to find out how consumerprotection against the person with blindness as a user of banking services in thecity of Pekanbaru (Study at the Bukit Barisan Unit of the People's BankIndonesia).This type of research is sociological. This research was conducted at theBRI Bukit Barisan Unit in Pekanbaru City, while the population and sampleswere all parties related to the problems examined in this study, data sources used,primary data, secondary data and tertiary data, data collection techniques in thisstudy with interviews, questionnaires and literature studies.The results of the study can be concluded that the BRI Bukit BarisanUnit in the City of Pekanbaru has not fully implemented the rights of blind clients.Special facilities intended for blind clients are not yet available at the BukitBarisan BRI Unit in Pekanbaru City. This causes blind clients to feel that theirrights as consumers are not fulfilled by the BRI Bukit Barisan Unit in PekanbaruCity. Suggestions for BRI Bukit Barisan Unit in Pekanbaru City to furtherimprove services for all customers, especially those with blindness.Keywords: Consumer Protection - Consumers - People with Blindness - BRIBukit Barisan Unit, Pekanbaru City
ANALISIS YURIDIS KEKUATAN P EMBUKTIAN KETERANGAN SAKSI TESTIMONIUM DE AUDITU PASCA LAHIRNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR : 65/PUU-VIII/2010 Namira Delima; Emilda Firdaus; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Decision of the Constitutional Court No. 65 / PUU-VIII / 2010concerning Testing of Law Number 8 of 1981 concerning Criminal ProcedureLaw, provides an extension of the understanding of witnesses stipulated in article1 points 26 and 27 of the Criminal Procedure Code. The Constitutional Court asone of the judicial power institutions whose decisions are final and binding, canbe one of the sources of criminal procedural law in Indonesia. But in practicethere are still many judges who do not follow the Constitutional Court Decisionas one of the instruments of evidence of legitimate witnesses in court. The purposeof writing this thesis is, first: To find out the strength of the testimony of thetestimonium de auditu's testimony after the birth of the Constitutional CourtDecision Number: 65 / PUU-VIII / 2010. Second: To find out the implications ofthe Constitutional Court Decision Number: 65 / PUU-VIII / 2010 on thetestimonies of witnesses of the testimonium de auditu in the decision of thecriminal court.This type of research is normative juridical research, namely researchcarried out by examining literature with secondary data sources consisting ofprimary legal material in the form of legislation, secondary legal material legalbooks, and tertiary legal materials in the form of dictionaries. Then the data areanalyzed qualitatively, namely analyzing data descriptively obtained fromsecondary data.From the results of the study it can be concluded that, first, the strengthof the testimony of the testimonium de auditu's testimony after the birth of theConstitutional Court Decision Number: 65 / PUU-VIII / 2010 is that testimony oftestimonium de auditu can be used as a valid evidence in a trial at a criminalcourt case . second, the implication of the Constitutional Court Decision Number:65 / PUU-VIII / 2010 on the testimony of the witness of the testimonium de auditin the verdict of the criminal court is to make the Constitutional Court DecisionNumber: 65 / PUU-VIII / 2010 need to be followed and considered in every courtdecision.Keywords: Evidence Tools - Witness Information - Testimonium De Auditu -Decision of the Constitutional Court
IMPLEMENTASI PEMIDANAAN TERHADAP KORPORASI DALAM TINDAK PIDANA KORUPSI DI INDONESIA Melia Wulandari; Hayatul Ismi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Indonesia as a country that adheres to the Continental European legal system, which is a legal system inherited from the Netherlands, has also implemented corporal punishment. However, even though Indonesia has embraced corporal punishment, until now there are still few corporations that are made as suspects or defendants in the process of law enforcement against corporations, especially in criminal acts of corruption.The purpose of this thesis, namely: first, To Know the Implementation of Corruption Against Corporations in Corruption in Indonesia. Second, To Know the Obstacles in the Implementation of Penalties Against Corporations in Corruption in Indonesia. This type of research is classified into a type of normative research. With the technique of collecting legal material sources in research carried out by identifying and inventorying primary legal materials, and collecting secondary, tertiary materials obtained through literature, which also ruled the cases sampled.From the results of the study, the reluctance of law enforcers to indict defendants as individuals and not corporations in criminal acts of corruption; because the punishment that the court will bring against the corporation may not be a death penalty or a prison sentence, even though this criminal sanction with sharp sanctions is expected to have a deterrent effect on the perpetrators and satisfy the sense of justice of the people who want the perpetrators to be imprisoned. Second, in proving to prove the "mistake" of the corporation in terms of the element of "against the law", law enforcers find it difficult to obtain theories or doctrines and legal basis regarding "mistakes" of corporations which have turned out to be conflicting among criminal law experts. It is different from theories or doctrines and the legal basis of the "mistakes" of individuals who in general criminal experts agree that only people can have the element of "error". The error of law enforcers proves that acts as an individual error in corporate criminal acts will result in the defendant in some of the above cases being broken free (vrijspraak) by the courtKeywords: Corruption - Corporations – Corruption
PENEGAKAN HUKUM TERHADAP ORANG TUA YANG MELAKUKANPEMBUANGAN BAYI DI WILAYAH HUKUM KEPOLISIAN SEKTOR RETEH INDRAGIRI HILIR RIAU Nurhasidah Nurhasidah; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Speech dumping is a crime that is increasingly prevalent, because it is a criminal offense fromthe influence of advances in science and technology that are not supported by the readiness of thecommunity to filter out any progress, consequently they are affected to do things that are not inaccordance with norms customs that apply to the community, so that the perpetrators can throw the babybecause they feel that the baby is not desirable, of course this needs to be addressed explicitly by thepolice as part of law enforcement that gives protection to the community to reveal the perpetrators ofcrime of the disposal of security and comfort for the community.In this thesis research the author uses sociological legal research. The location of the researchwas carried out in the legal area of the reteh sector. Data sources are supported by primary datasources, secondary. While data collection techniques are interviews and data studies using deductivemethods, namely analyzing general problems and then drawn to conclusions specifically based onexisting theories.From the results of the study it can be concluded that law enforcement for parents who disposeof babies in the legal area of the Reteh Sector Police is still not good because it is not processed inaccordance with applicable law by police officers in the jurisdiction of the Reteh Police Sector. Theinhibiting factor is the occurrence of criminal acts of baby disposal, namely internal factors and externalfactors that are interrelated in supporting the occurrence of criminal acts of baby disposal.Keywords: Law Enforcement - Disposal of infants – Reteh Indragiri Hilir – Riau
PELAKSANAAN PENDIDIKAN POLITIK BAGI MASYARAKAT OLEH PARTAI POLITIK KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2011 TENTANG PARTAI POLITIK Yolanda Melisa; Emilda Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Law of the Republic of Indonesia Number 2 of 2011 concerning Political Parties regulates the implementation of political education that must be carried out continuously by political parties. But in fact, the level of voter participation in the city of Pekanbaru is very low and the function of political parties is only carried out by members who wish to become legislative candidates or executive candidates in general elections. Based on this problem, the identification of problems in this thesis are: first, how is the implementation of political education for the community by political parties? Second, what are the obstacles and efforts in carrying out political education for the people by political parties?This research is a sociological and descriptive legal research. This research is located in the Regional Representative Office of the Functional Party in Pekanbaru, the Prosperous Justice Party Regional Representative Office in Pekanbaru, the Office of the Indonesian Democratic Party of Struggle's Branch Office in Pekanbaru, the Office of the Greater Indonesian Party Movement Branch Office in Pekanbaru, and the Office of the Leadership Council Branch of the People's Democratic Party in Pekanbaru. The data used consists of primary data and secondary data. Technical data were collected by field studies (interviews and questions and literature studies). Then analyzed qualitatively and make conclusions with deductive thinking methods.Based on this research, as a result we know that political parties do not have specific rules in carrying out political education and political parties have not been effective in carrying out their functions as organizers of political education. There are many challenges such as lack of public participation and the emergence of negative thoughts towards the party. The effort made is to build good relations with NGOs and educate the public mind.Key Word : Political Education – Community – Political Party
ANALISISASAS PERADILAN CEPAT SEDERHANA DAN BIAYA RINGAN DIKAITKAN DENGANDUE PROCESS OF LAWTERHADAPGUGURNYA PRAPERADILAN BERDASARKAN PASAL 82 AYAT (1) HURUF D KITAB UNDANG-UNDANG HUKUM ACARA PIDANA JO PUTUSANMAHKAMAH KONSTITUSI NOMOR 102/PUU-XIII/2015 Angga Hijrahtul Mufit; Zulfikar Jayakusuma; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The principle of due process of law in criminal procedure law contains two things processesand procedures. There must be no legal process without procedures, and the procedure is carriedout without the process of this procedure is prohibited in the procedural law. Based on LawNumber 8 of 1981 concerning Criminal Procedure Law, hereinafter referred to as KUHAP. Thescope of pretrial authority is regulated in Article 1 number 10 Jo Article 77 KUHAP Pre-trial aimsto protect the rights of suspects in the level of investigation and prosecution. Pretrial isstrengthened by the Constitutional Court Decision Number 21 / PUU-XII / 2014. Addition ofpretrial authority to examine and adjudicate whether or not the determination of the suspect, thevalidity of the search and acts of seizure. Through the Constitutional Court Decision Number Case102 / PUU-XIII / 2015 states Article 82 Paragraph (1) letter d of the Criminal Procedure Code iscontrary to the 1945 Constitution and does not have binding legal force as long as the phrase "acase has begun to be examined" is not interpreted the case has been delegated and the first trial hasbeen submitted to the subject matter on behalf of the pretrial defendant/ applicant".The purpose of this essay is: First, to know the principle of fast, simple and low-cost justiceassociated with due process of law against the death of pretrial based on Article 82 Paragraph (1)Letter d of the Criminal Procedure Code jo Decision of the Constitutional Court number 102 /PUU-XIII / 2015. Second, to find out article 82 paragraph (1) letter d of the Criminal ProcedureCode jo Decision of the Constitutional Court number 102 / PUU-XIII / 2015 has used due processof law.This type of research is normative legal research. Namely reviewing the principle of law.From the results of the problem research there are two main things that are concluded, first, thatthe word segara contained in Article 50 paragraph (2), (3) and Article 143 paragraph (1) of theKUHAP has been interpreted carelessly without looking at the quality of a case file which will bedelegated to the court and does not consider the principle of proof of the second, that there is nolegal standing against the pretrial death verdict carried out by investigators and / or prosecutors inthe delegation of court case files. Even though the pretrial decision is declarative in nature, it stateswhether the actions taken by investigators and / or prosecutors are valid or not and have fulfilledlegal processes and procedures fairly as contained in the principle of due process of law.Keywords: The Principle of Simple Fast Justice and Low Cost - Due Process of Law - Death ofPretrial
PENCEGAHAN PEREDARAN NARKOTIKA DI LEMBAGA PEMASYARAKATAN KELAS II B BANGKINANG OLEH APARAT LEMBAGA PEMASYARAKATAN Ardian Syahputra; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The misuse and illicit trafficking of narcotics in Indonesia has spread throughout the country andhas been spread in various living environments, both the educational environment, the work environment,and the residential environment, and the law enforcement environment. One law enforcement agency that isalso not free from drug abuse and illicit trafficking is a penitentiary. Correctional Institution is a place tocarry out the formation of prisoners and correctional students based on the penal system. As a regulationfor the implementation of the Penal Act, a Minister of Law and Human Rights Regulation No. 6/2013 wasissued concerning the Standing Orders of State Correctional Institutions and Detention Centers Article 4letter (g) The Ministerial Regulation prohibits every prisoner or detainee from storing, making, carrying,distributing, and / or consuming narcotics and / or narcotics precursors and other dangerous drugs. Thepurpose of writing this thesis, namely: First, to determine the efforts of prison officials in preventingNarcotics circulation in Class II B correctional facilities in Bangkinang. Second, to find out the obstacles ofcorrectional institutions in preventing Narcotics circulation in Class II B correctional facilities inBangkinang.This type of research can be classified as a type of sociological legal research, because in thisstudy the authors directly conduct research on the location or places that are studied to provide a completeand clear picture of the problem under study. This research was conducted at Class II B Penitentiary inBangkinang, while the population and sample were all sections related to this study, data sources usedwere, among others, primary data, secondary data, and tertiary data, data collection techniques namelyinterview and study literature.From the results of research and discussion it can be concluded that, First, the efforts ofcorrectional institutions in preventing Narcotics circulation in prison are to maximize searches by carryingout luggage checks and data collection conducted on visitors and taking action for all people enteringPenitentiary Class II B Bangkinang without exception. . Secondly, the inhibiting factor of the efforts ofprison officials in preventing Narcotics circulation in Bangkinang Class II B Penitentiary is inadequatefacilities and infrastructure, lack of female prison wardens, lack of prison staff knowledge about narcotics.Keywords: Circulation - Narcotics – Penitentiary
TANGGUNG JAWAB APOTEKER TERHADAP KESALAHAN ASISTEN APOTEKER DI LUAR JAM PRAKTEK APOTEKER DI RUMAH SAKIT PERTAMINA DUMAI Sovia Oktarima; Evi Deliana; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Health development is regulated based on the principles of humanity, balance and benefits based on Government Regulations. The Health Act Number 36 of 2009 concerning Health which states a healthy state, both mentally, socially and mentally, as well as socially that enables a person to obtain a productive and economically social life. The parties participating in health improvement consist of Doctors, Pharmacists, Nurses, and Midwives. Referring to the transfer of pharmaceutical services which are replaced by Indonesian Government Regulation Number 51 of 2009 concerning Pharmaceutical Work, asking Pharmacists for services to educate patients about how to use drugs and allow the use of drugs, assist patients in choosing drugs that can be used without a doctor's prescription, and answer questions patients about the drugs they use. The purpose of this thesis is to first know the pharmacist's responsibility for the errors of the Pharmacist Assistant outside his practice hours, secondly to find out what the patient can do with the mistakes of the Pharmacist Assistant. This type of research is sociological juridical legal research because this study immediately conducted direct observations to the location of research conducted at Pertamina Dumai Hospital, from the results of research that could draw conclusions: first, questions that were questioned by Pharmacists on the delegation of assistance to Pharmacists and Pharmacists as guarantor Pharmacy answer is based on Article 14 of the Government Regulation of the Republic of Indonesia Number 51 of 2009 concerning Pharmaceutical Work, where pharmacists directly bring patients to be hospitalized at the ER then patients get a checkup and treatment until total care, Pharmacists get a warning from the hospital, with SP 1, responsibility requested as a form or action taken by pharmacists managing pharmacies. Second, related to the legal efforts that can be made by patients on the mistakes of pharmacist assistants in this conflict patients try non-litigation pathways, through negotiation channels, negotiations are not only trying to resolve conflicts, but also to repair existing conflicts. Keywords : Responsibility, Remedies, Mistakes, Negotiation
PELAKSANAAN PEMBEBANAN NAFKAH IDDAH DAN NAFKAH MUT’AH OLEH SUAMI TERHADAP ISTRI DALAM CERAI TALAK KARENA NUSYUZ DI PENGADILAN AGAMA KELAS I-A PEKANBARU Reisa Safira Herman; Maryati Bachtiar; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Divorce is a legal act that will certainly bring certain legal consequences.Divorce that occurs because of the divorce by the husband towards the wife, thenthe husband has the obligation to give mut'ah livelihood and iddah income to hiswife. But in divorce divorce cases, the wife does not get a living if she is nuyuz. Inpractice, the divorce divorce case in the Pekanbaru Religious Court has a wifewho obtained the living of mut'ah in a divorce divorce and also a wife who isnusyuz who earns a living in divorce divorce. The purpose of this thesis, namely:first to find out the implementation of imposition of iddah income and the living ofmut'ah by the husband on the wife in divorce divorce because Nusyuz inPekanbaru Class I-A Religious Court. Second To find out the factors that causethe burden of iddah and mut’ah by husband against wife in divorce divorcebecause of nusyuz at Pekanbaru Class I-A Religious Court.This type of research can be classified as sociological, because in this studythe author directly conducts research on the location or place under study inorder to provide a complete and clear picture of the problem under study. Thisresearch was conducted in Pekanbaru Class I-A Religious Court, while thepopulation and samples were all parties related to the problems examined in thisstudy.The results of the study two things can be concluded. The implementation ofthe imposition of iddah and the livelihood of mut'ah by the husband on the wife indivorce divorce because Nusyuz in the Pekanbaru Religious Court Class I-A hasbeen effective, but the judge should use ex officio rights to protect the rights of thewife divorced by her husband. The factors that led to the implementation of theburden of iddah and the living of mut'ah by the husband on the wife in divorcedivorce because Nusyuz in the Pekanbaru Class IA Religious Court was first,economic factors of the husband's influence in the implementation of payment ofmut'ah obligations and wage income to the wife . Secondly, a wife who submits aback suit or reconciliation to obtain mut'ah's income and iddah income.Keywords: Talak- Iddah Livelihood and Mut’ah Livelihood- Nusyuz